Opinion
2012-03-16
The PEOPLE of the State of New York, Appellant, v. Ronald B. SCOTT, Defendant–Respondent.
Lori Pettit Rieman, District Attorney, Little Valley, for appellant. Mark S. Williams, Public Defender, Olean, for defendant-respondent.
Lori Pettit Rieman, District Attorney, Little Valley, for appellant. Mark S. Williams, Public Defender, Olean, for defendant-respondent.
MEMORANDUM:
The People appeal from an amended decision granting defendant's motion to dismiss the indictment pursuant to CPL 30.30. The appeal must be dismissed because no judgment or order is included in the record on appeal, and “[n]o appeal lies from a decision” ( People v. McCarter, 97 A.D.2d 852, 469 N.Y.S.2d 19).
It is hereby ORDERED that said appeal is unanimously dismissed.